Susanville, his current home, is no exception. And state officials are continuing their efforts to keep him in Lassen County despite community opposition.

The matter was heard Friday at the state's 3rd District Court of Appeal in Sacramento. State officials are asking the court to reverse a Superior Court decision that ordered Herzog transferred out of Susanville.

Lassen County official accuse the California Department of Corrections and Rehabilitation of abusing its discretion by not giving residents enough time to voice concerns before releasing Herzog into their community. He lives in a trailer inside a fenced compound on High Desert State Prison grounds.

State officials told local authorities of his arrival three days before his release.

"We did not have adequate time to respond," Susanville City Attorney Peter Talia said. "I'm saying, put him somewhere else." The county already is home to 7,000-8,000 parolees.

Herzog had been convicted of killing three people in San Joaquin County, along with co-defendant Wesley Shermantine, who now sits on California's death row.

Herzog was sentenced to 78 years to life in prison, but his conviction was overturned on appeal, and he pleaded to lesser charges of voluntary manslaughter in exchange for a shorter sentence.

The state argues that they did their best to communicate with local law enforcement. State Parole officials had about 60 days to place him somewhere.

San Joaquin County was ruled out after the state received 17 victim and witness letters. State law requires Herzog to live 35 or more miles away.

State corrections determined Lassen County has a strong law enforcement presence, is densely populated and is located more than 35 miles away.

He was released Sept. 18, 2010.

According to appeal papers, the complications encountered in paroling Herzog made it impossible to notify Lassen officials before Sept. 15.

State officials say a court-ordered removal of Herzog would intrude upon the agency's statutory rights, but they offered as a remedy to redo the formal notification process - a step that wouldn't necessarily change the outcome.

The state Court of Appeal is expected to render its decision by early next year.